Imbesi Christensen FINRA Broker Client Wins Hearing

The law firm of Imbesi Christensen received notification of an award issued in favor of its client, a registered representative of FINRA, which overruled the Department of Labor's initial determination. See A.L.J Case No. 012-30087

Oct. 9, 2012 - PRLog -- The Honorable Catherine Agnello issued an award, in favor of the firm's client, after a hearing was conducted, which overruled the Department of Labor's initial determination that the client made willful misrepresentations in order to receive unemployment benefits.

Facts: The firm's client initially applied for unemployment benefits after her employer informed her that her job was to be eliminated. The client initially applied for benefits while residing in a foreign state. The client confirmed her benefits, via the Internet, in subsequent weeks, while she was either in a foreign state or country. The Department of Labor initially determined that some of the weekly confirmations were made in violation of New York Labor Law, claiming the client made "willful false statements to obtain benefits." The Department of Labor also demanded the repayment of over $4,000.

DECISION: After reviewing the evidence submitted and hearing the testimony of the firm's client, the Judge issued an award, in which she determined that the client did not make any false statements when she applied for, or confirmed, unemployment benefits. Specifically, the Judge determined that "all of her certifications were true and that there were no willfully false statements made."

The award also set forth that the client was allowed benefits with respect to the issues decided and was not required to repay any of benefits she received.

The firm is pleased with the Judge's decision. Since the client is a registered representative with FINRA, allegations regarding misrepresentations could have been required to be disclosed on the broker's form U4 and U5.